SURESH KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS revision petition is directed against order dated 2.1.2009 of the Additional Sessions Judge, Gurgaon vide which he discharged respondent Nos. 2 to 4 for the offence under Section 307 of the I.P.C. and ordered framing of charge against them under Sections 323/34, 325/34 and 120 -B of the I.P.C.

(2.) THE petitioner had filed a criminal complaint under Sections 147, 148, 149, 323, 307 and 120 -B of the I.P.C. against twelve persons including respondent Nos. 2 to 4 alleging that on 1.2.2007, all of them armed with various weapons came to his shop and gave injuries to him. After recording preliminary evidence, the Judicial Magistrate Ist Class, Gurgaon, vide his order dated 7.3.2008, held that prima facie case under Sections 147, 148, 149, 323, 307, 120 -B of the I.P.C. was made out against respondent Nos. 2 to 4 and one Anil. Therefore, he ordered their summoning through bailable warrants. Later on, the said Anil died and after securing the presence of respondent Nos. 2 to 4, the learned Magistrate committed the case to the Court of Sessions vide order dated 20.9.2008.

(3.) FEELING aggrieved, the complainant has filed the present petition.